Posted on: Tuesday, July 8, 2003

EDITORIAL
Time to lay ceded lands dispute to rest

The festering dispute over what the state owes the Office of Hawaiian Affairs in back rent from former Hawaiian crown and government lands doesn't get better with age.

And now, with legal challenges threatening the future of Hawaiians-only entitlements, we're not surprised OHA is eager to step up "ceded land" negotiations. Nor would we be taken aback if OHA were more amenable to a "global" settlement" in the interest of moving forward.

An OHA report, obtained by The Advertiser, outlines strategies for ceded land negotiations and notes that the state would most likely hold out for a "full and final resolution of all claims," though OHA doesn't explicitly recommend shooting for a global deal.

The very term "global settlement" sets off alarms in the Hawaiian community. In 1999, OHA rejected the state's offer of $251 million and 360,000 acres of revenue-producing land following an outcry that the deal would forfeit the right of Native Hawaiians to press for future claims.

At the time, the five OHA trustees who opposed the deal said they voted their conscience. Plus, there were no worries that any active legal challenge to the constitutionality of Hawaiian entitlements would succeed.

But the political climate has changed for Native Hawaiians.

The Rice v. Cayetano win has made Hawaiian programs vulnerable to constitutional challenges. The Hawai'i Supreme Court has struck down the law that entitled OHA to 20 percent of ceded land revenues and legislative efforts to remedy that have failed, though Gov. Linda Lingle has signed legislation to pay the agency $9.5 million in back rent.

Meanwhile, the Akaka bill has some formidable hurdles to clear in Congress.

So we recommend OHA and the state restart negotiations, work out a fair deal and not rule out a global settlement. We'd like to see a comprehensive inventory of ceded lands, but if that becomes mired in politics then perhaps it's preferable to work with what exists.

OHA could take that settlement, set up shop as a private nonprofit corporation or charitable entity and use the assets to improve conditions for Native Hawaiians. That land and money could be the foundation of a Hawaiian nation if federal recognition ever comes through. But that is a matter for Hawaiians to resolve.

For the rest of the state, the ceded lands issue is a dark cloud, delaying development projects, discouraging economic investment and even affecting credit ratings. It is time to settle this matter once and for all.